[nagdu] Guide dogs & Taxicabs: SETTLEMENT AGREEMENT UNDER THE ADA ---.

Thu Jun 19 11:45:43 UTC 2014

Dear all,

Below is a settlement agreement between the united States and a taxicab
operator who refused to transport an individual accompanied by his guide
dog.

Fraternally yours,

Marion Gwizdala

Link: http://www.ada.gov/roumou-taxi-sa.htm

Text: SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN
THE UNITED STATES OF AMERICA AND ALTAGRACIA ROUMOU

DJ No. 202-90-32

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I. INTRODUCTION

1.The parties to this Settlement Agreement ("Agreement") are the United
States of America ("United States") and Altagracia Roumou ("Roumou"),
located on St. Thomas, Virgin Islands.

2.The parties agree that it is in their best interests, and the United
States believes that it is in the public interest, to resolve this dispute
without engaging in protracted litigation. The parties have therefore
voluntarily entered into this Agreement, as follows:

II. THE PARTIES

3.The United States Department of Justice (the "Department") is responsible
for enforcing title III of the Americans with Disabilities Act of 1990
("ADA"), 42 U.S.C. §§ 12181-12189, as amended, and the relevant regulations
implementing title III, 28 C.F.R. pt. 36 and 49 C.F.R. pts. 37 and 38.

4. Ms. Roumou is a private individual, who resides on St. Thomas, Virgin
Islands. She is licensed to and engaged in the business of providing taxi
services to members of the general public on a regular and continuing basis
on St. Thomas. Ms. Roumou is the registered owner of a "safari" taxi,
designated by St. Thomas Taxi Medallion # 0307. As such, Ms. Roumou's taxi
business is a private entity which provides public transportation services
within the meaning of 42 U.S.C. § 12181(10) and 49 C.F.R. § 37.29.

III. BACKGROUND

5.This matter was initiated by a complaint filed under title III of the ADA,
42 U.S.C. §§ 12181-12189, with the Department by Zane Birnie ("Birnie").

6.Mr. Birnie is an individual who is blind and utilizes a service animal.
Mr. Birnie alleges that on May 4, 2012, on St. Thomas, he was denied taxi
service by Ms. Roumou because she refused to transport his service animal.

7. Mr. Birnie is an individual with a disability within the meaning of 42
U.S.C. § 12102, 42 C.F.R. § 37.3, and 28 C.F.R. § 36.104.

8.Title III of the ADA prohibits discrimination on the basis of a disability
in the full and equal enjoyment of specified public transportation services
provided by an entity that is primarily engaged in the business of
transporting people and whose operations affect commerce. 42 U.S.C. §
12184(a); 49 C.F.R. § 37.29(c). Section 37.167(d) of Title 49 of the Code of
Federal Regulations provides that such an entity shall permit service
animals to accompany individuals with disabilities in vehicles.

9. Ms. Roumou admits that she did not permit Mr. Birnie to ride in her taxi
on May 4, 2012, but claims that she did not know that he was blind or that
his dog was a service animal.

10.In order to resolve this matter without engaging in protracted
litigation, the parties have agreed to settle this matter according to the
terms in this Agreement. This Agreement shall not be construed as an
admission of liability by Ms. Roumou.

11.In consideration of the terms of this Agreement, the United States agrees
to refrain from undertaking further investigation or filing a civil suit
pertaining to the allegations made in this matter, except as provided in the
Enforcement and Implementation sections of the Agreement.

IV. REMEDIAL ACTION

12.Consistent with title III of the ADA, Ms. Roumou shall not discriminate
against any individual on the basis of disability in the full and equal
enjoyment of the taxicab services she provides by excluding or providing
unequal treatment to persons with disabilities, including those who use
service animals. 42 U.S.C § 12184; 28 C.F.R. §§ 36.201, 36.202; 49 C.F.R. §§
37.5, 37.21, 37.29. Specifically, Ms. Roumou will make reasonable
modifications to policies, practices, and procedures that are necessary to
afford goods, services, facilities, privileges, advantages, or
accommodations to individuals with disabilities, including those who use
service animals. 42 U.S.C. §12184(b)(2)(A); 28 C.F.R. §§ 36.302(a), (c); 49
C.F.R. §§ 37.5, 37.21, 37.29, 37.167(d).

13.Service Animal Policy: Ms. Roumou agrees that, henceforth, all persons
with disabilities, including those accompanied by service animals, will be
welcome in all taxicabs that she operates. Ms. Roumou agrees to adopt and
abide by the Service Animal Policy (Exhibit A) attached to this Agreement.
Ms. Roumou agrees that she shall not refuse to transport a person with a
disability because that person is accompanied by a service animal. She also
agrees that she shall not charge a person with a disability any extra fee or
ask a person with a disability to comply with any additional condition of
service because they are accompanied by a service animal even if an extra
fee or charge or condition of service is required for the transportation of
a pet.

14.Training: Ms. Roumou shall attend the next available training offered by
the Virgin Islands Taxi Cab Commission regarding service to persons with
disabilities by taxicab operators. Ms. Roumou shall inform the Department
when she has completed this training.

15.15. Ms. Roumou shall not retaliate against the complainant for filing a
complaint with the Department or otherwise exercising rights protected by
the ADA. 42 U.S.C. § 12203(a).

V. MONETARY RELIEF FOR COMPLAINANT

16. The ADA authorizes the Attorney General to seek a court award of
compensatory damages on behalf of individuals aggrieved as the result of
violations of the ADA. 42 U.S.C. § 12188(b)(2)(B); 28 C.F.R. § 36.504(a)(2).
Within ten (10) days of the effective date of this Agreement, Ms. Roumou
shall compensate the complainant in this matter by providing him a certified
check in the amount of one thousand dollars ($1000.00), via certified mail
to the address provided by the United States. Ms. Roumou will simultaneously
send a copy of the check and the accompanying letter to counsel for the
United States.

17. In consideration for the compensatory damages set forth above, the
United States agrees that within ten (10) days of its receipt of the
Agreement signed by Ms. Roumou, it will obtain the complainant's signature
on the Waiver and Release of Claim form attached hereto as Attachment B. The
Department will mail the original of the signed Waiver and Release of Claim
form to Ms. Roumou within fifteen (15) days of the Department's receipt of
same.

18.The ADA also authorizes the United States Attorney General to seek a
civil penalty as a result of violations of the ADA. 42 U.S.C. §
12188(b)(2)(C); 28 C.F.R.§ 36.504(a)(3). Ms. Roumou shall make a payment to
the United States in the amount of one thousand dollars ($1,000) as a civil
penalty in the public interest. This payment shall be made in two
installments of five hundred dollars ($500) by certified check or money
order payable to the United States Treasury. The first installment is due
within sixty (60) days of the effective date of this Agreement. The second
installment is due within ninety (90) days of the effective date of this
Agreement. The installments shall be delivered to counsel for the United
States.

VI. ENFORCEMENT

19.This Settlement Agreement cannot be modified or amended except by an
instrument in writing, agreed to and signed by the Parties.

20.The United States may review compliance with this Agreement at any time.
If the United States believes that this Agreement or any of its requirements
have been violated, it may institute a civil action in Federal District
Court to enforce this Agreement or the requirements of title III, following
written notice to Ms. Roumou of possible violations and a period of 30 days
in which Ms. Roumou has the opportunity to cure the alleged violations.

21. For purposes of the immediately preceding paragraph, it is a violation
of this Agreement for Ms. Roumou to fail to comply in a timely manner with
any of its requirements without obtaining sufficient advance written
Agreement with the United States for an extension of the relevant time frame
imposed by the Agreement.

22.Failure by the United States to enforce this entire Agreement or any of
its provisions or deadlines shall not be construed as a waiver of the United
States' right to enforce other deadlines and provisions of this Agreement.

VII. IMPLEMENTATION

23.The Agreement, including Attachments A, and B, constitute the entire
agreement between the parties on the matters raised herein, and no other
statement, promise, or agreement, either written or oral, made by either
party or agents of either party, that is not contained in this written
Agreement, will be enforceable under its provisions.

24.This Agreement is limited to the facts set forth above and does not
purport to remedy or resolve any other existing or potential violations of
the ADA or any other local or Federal law.

25.This Agreement does not affect Ms. Roumou's continuing responsibility to
comply with all applicable aspects of title III of the ADA. In particular,
title III imposes an obligation to make reasonable modifications in
policies, practices, or procedures, when the modifications are necessary to
afford goods, services, and facilities to individuals with disabilities.

26.A copy of this document or any information contained in it will be made
available to any person by Ms. Roumou or the United States on request.

27.The effective date of this Agreement is the date of the last signature
below. This Agreement will remain in effect for three (3) years from the
effective date of this Agreement

28.The provisions of this Settlement Agreement shall be deemed severable,
and any invalidity or unenforceability of any one or more of its provisions
shall not affect the validity or enforceability of the other provisions
herein.

RONALD W. SHARPE UNITED STATES ATTORNEY

DATED: May 15, 2014

By:/s/ Noah Sacks Noah D. Sacks Assistant United States Attorney U.S.
Attorney's Office

5500 Veteran's Drive, Suite 260 St. Thomas, VI 00802 Ph: (340) 774-5757
noah.sacks at usdoj.gov<mailto:noah.sacks at usdoj.gov> Attorney for the United
States

DATED: May 15, 2014

/s/ Clive Rivers Clive Rivers

800 Nisky Center Suite 233 St. Thomas, VI 00802 Ph: (340) 776-4666
crivers64 at earthlink.net<mailto:crivers64 at earthlink.net> Attorney for Ms.
Roumou

DATED: May 15, 2014

/s/ Altagracia Roumou Altagracia Roumou St. Thomas, VI 00802

TERRITORY OF THE VIRGIN ISLANDS ) DISTRICT OF ST. THOMAS/ST. JOHN    ) SS:

On this 15 day of May, 2014, before me personally appeared, Altagracia
Roumou, known to me to be the individual who executed the foregoing
instrument, and acknowledged that she, having the requisite authority to do
so, executed the same freely and voluntarily, for the purposes therein
stated.

WITNESS my hand and official seal.

___________________

NOTARY PUBLIC

ATTACHMENT A

POLICY REGARDING SERVICE ANIMALS FOR CUSTOMERS WITH DISABILITIES

In compliance with the Americans with Disabilities Act (ADA), Altagracia
Roumou is committed to providing taxi transportation services for customers
with disabilities, including those individuals with disabilities who are
accompanied by service animals. Service animals play an important role in
ensuring the independence of people with disabilities. It is, therefore, my
policy to welcome any animal that is individually trained to assist a person
with a disability in my taxicab.

What is a Service Animal?

Service animal means any dog individually trained to do work or perform
tasks for the benefit of persons with disabilities. Service animals come in
all breeds and sizes. They may be trained either by an organization or by an
individual with a disability, need not be certified or licensed, and provide
a wide range of services that may or may not be identifiable, including but
not limited to:

(1)    assisting individuals who are blind or have low vision with
navigation and other tasks;

(2)    alerting individuals who are deaf or hard of hearing to the presence
of people or sounds;

(3)    pulling a wheelchair;

(4)    assisting an individual during a seizure or alerting individuals to
the presence of allergens;

(5)    providing physical support and assistance with balance and stability
to individuals with mobility disabilities; and

(6)    helping persons with psychiatric and neurological disabilities by
preventing or interrupting impulsive or destructive behaviors.

Requirements with Regard to Service Animals

If you are not certain that an animal is a service animal, you may ask the
person who has the animal if it is a service animal required because of a
disability and what service the animal is trained to perform. However, you
must not ask a customer with a disability for proof of his or her disability
or for any information about his or her disability, nor may you require
proof or certification of the animal's training or vaccination. Service
animals do not always have a sign or symbol indicating they are service
animals. It is Altagracia Roumou's policy that she:

1)   must not refuse to provide transportation services to a customer or
potential customer with a disability because that individual is accompanied
by a service animal;

2)   must not ask or require a customer or potential customer accompanied by
a service animal to pay any surcharge or deposit not imposed on customers
generally because that individual has a service animal. Surcharges or
deposits applied to customers or potential customers because they are
accompanied by pets must not be applied to customers or potential customers
accompanied by service animals; and

3)   must not require a customer or potential customer accompanied by a
service animal to comply with any additional conditions of service not
imposed on customers generally. Prohibited conditions of service include
policies or practices suggesting that customers or potential customers with
disabilities accompanied by service animals are not as welcome as other
customers. Examples of such conditions include asking a customer to disclose
at the time transportation service is requested that he or she will be
accompanied by a service animal, advising drivers that a customer or
potential customer will be accompanied by a service animal before a driver
accepts a trip, asking or requiring customers or potential customers
accompanied by service animals to muzzle the animals, refusing to transport
more than one customer or potential customer accompanied by a service animal
together in the same vehicle, placing restrictions on the taxicabs in which
customers or potential customers accompanied by service animals are or will
be transported, making customers or potential customers accompanied by
service animals wait longer than people without service animals before
providing transportation services, and making hostile, angry, or insulting
comments about a person's service animal or disability.

In addition, taxicab drivers must not refuse to stop and transport one or
more individuals with disabilities accompanied by service animal(s) who are
signaling passing taxicabs if the taxi is on duty and available to provide
transportation services.

For customers or potential customers who are blind or have low vision,
drivers must orally alert such individuals that the taxi has arrived if
asked to do so or if it is apparent that the individual does not see that
the taxi has arrived.

Friendly Reminder: 

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May 22, 2014 

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